STRUCTURES OF VIOLENCE

209 | Structures of Violence
The family of Mohammad Akbar Rathar states that on
28 November 1996, around 7:30 pm, Mohammad
Akbar Rather was picked up by the 8 Raj Ries and
specically Major S.S.Sinah during search operations
at his residence. Mohammad Akbar Rather's family
stated that following his abduction and detention he
was not given medical care despite suffering from
various ailments, including a urinary tract infection.
The family also claimed that the victim was not a
member of any banned organization, nor had helped
any militant group in the commission of an offence.
The family of the victim visited the Palhalan Camp, and
met with Major S.S.Sinah on numerous occasions.
The rst occasion was at 10:00 pm on the evening of
the arrest. They were informed that the victim would be
released, but he was not released. The father of the
victim also states that after about twenty days of
Mohammad Akbar Rather's disappearance, a local
Ikhwan named Aziz Rathar promised to assist in
getting the victim released. But, he said that the father
would need to prepare a feast for Major S.S.Sinah for
the release of his son. The father of the victim states
that he prepared a feast, a party was held at the house
of Aziz Rathar, and Major S.S.Sinah was present at
this party, but the victim was never released.
A First Information Report [FIR] no. 277/2000 was led
u/s 364 [Kidnapping/Abducting to murder] Ranbir
Penal Code, 1989 [RPC] at the Pattan Police Station.
Earlier, a Daily Diary report at the Pattan Police
Station, entered on 14 December 1996, records that
Mohammad Subhan Rather [father of the victim]
informed them that his son had been arrested on 28
November 1996 at 7:30 pm. The entry also states that
a “Major of Indian Army had stated to the plaintiff that
his son has managed to escape during the night period
of 30 Nov”. The FIR was registered on 4 December
56
2000 following the order of the High Court . By
communication dated 22 April 2014 from the Jammu
and Kashmir Police a copy of the FIR and closure
report of 2005 were provided. But, it was also stated
that the nal report was unavailable. This information
was repeated in communication dated 6 January
2015.
The family of the victim led a petition before the High
Court of Jammu and Kashmir [Section 491 Criminal
Procedure Code, 1989 (CrPC) petition no. 33/1997, a
habaes corpus petition]. A nal decision was delivered
on 31 October 2000 based on an enquiry conducted by
the Sessions Judge, Baramulla, implicating the army
in the abduction of the victim. The judicial enquiry also
named Major Sinah. The High Court ordered that a
case be registered and the truth be ascertained within
six months.
On 6 June 2000 the State Human Rights Commission
[SHRC], which was approached by the family of the
victim, found the involvement of the army in the
custodial disappearance of Mohammad Akbar Rather
and recommended ex-gratia government relief of Rs.
2,00,000.
The wife of the Mohammad Akbar Rather led another
petition before the High Court [Original Writ Petition
(OWP) 312/2009] for implementation of the SHRC
recommendations on ex-gratia government relief. But
so far this relief has not been given to the family of the
victim.
Information on the petition numbers was sought
through the Jammu and Kashmir Right to Information
Act, 2009 [RTI] on 2 July 2012. No information was
provided. Information on the petition numbers was
sought again on 4 April 2014.
Further, an enquiry was also conducted under the
chairmanship of the Additional District Magistrate,
Baramulla.
The family of the victim also gave a statement to the
IPTK on 24 December 2011.
As a preliminary point, the unit of the army implicated
by the family needs to be considered. The father of the
victim in the statement to the IPTK, maintains that the
th
unit was the 8 Battalion Raj Ries. But, in the petitions
led before the High Court and before the SHRC,
th
reference is made to the “8 Field regiment”. The father
of the victim maintains that this may have been an
inadvertent mistake, but that the family of the victim
th
was always certain that it was the 8 Battalion Raj
Ries.
The SHRC, on 6 June 2000, based on a report by the
Senior Superintendent of Police [SSP], Baramulla of 9
May 2000, implicated the army in the abduction and
disappearance of Mohammad Akbar Rather and
stated the following: “…investigation conducted which
th
points towards the Army, 8 Field Regiment, who have
not released the son of the Complainant nor given any
clue about him, but the fact is established regarding
disappearance of the Complainant's Son under the
custody of Army who have not accounted for. The
Complainant's son is certied not involved in any
subversive activity, rather militancy related affair, but
has disappeared under their custody”.
The inquiry conducted by the Sessions Judge,
Baramulla, on the orders of the High Court, was
concluded on 4 September1998. The inquiry begins
th
by noting that the 8 Battalion Raj Ries, despite being
given notice, did not participate in the inquiry. The
inquiry then proceeded to record the testimony of ve
witnesses. The following is the relevant evidence
brought on record:
- W i t n e s s K a m a l u d - D i n , L a m b a r d a r
56 Information on this FIR was sought through the Jammu and Kashmir Right to Information Act, 2009 [RTI] on 5 May 2012. No information
was provided. Further information sought through RTI on 15 October 2013. By communication dated 30 November 2013 from Jammu and
Kashmir Police a copy of the FIR was provided. Further information sought through RTI dated 14 November 2014.